ESD unemployment after workplace retaliation termination - wrongful discharge claim denied

You should absolutely apply for unemployment immediately. When you file, make sure to clearly state you were terminated due to retaliation for reporting workplace harassment. Your employer will likely contest it claiming misconduct, but ESD investigates these claims independently from the civil rights department. Many people successfully receive benefits even after being denied in civil rights cases. If ESD denies your initial claim (which happens often), immediately appeal. The appeals process gives you a hearing with an Administrative Law Judge where you can present your evidence again. Save all those 118 exhibits - they'll be crucial for your appeal hearing.

omg this happend to my cousin last year at her retsaurant job!!! the manager kept making gross comments and when she reported it they fired her for "poor performance" even tho she never got written up b4. she tried filing for benefits but kept getting denied and it was a whole mess. finally she got a lawyer and threatened to sue and they settled. but the lawyer cost like $2000 upfront so idk if thats an option for u

When I had a similar issue with my unemployment claim after reporting workplace safety violations, I couldn't get anyone at ESD on the phone for weeks. I finally used Claimyr (claimyr.com) and got connected to an ESD agent in about 30 minutes. They have a demo video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Worth it since my case had special circumstances like yours that needed actual human review, not just automated processing. The agent was able to properly code my separation reason which made all the difference.

THE SYSTEM IS RIGGED AGAINST WORKERS!!!!! I went through EXACTLY the same thing last year. Made a harassment complaint and suddenly I'm the problem employee after 4 YEARS of perfect reviews!!! Civil rights department is USELESS - they always side with employers because big companies donate to politicians. I fought my unemployment denial for 5 MONTHS before winning my appeal. The ALJ saw right through their lies but it was HELL getting there. DOCUMENT EVERYTHING and APPEAL APPEAL APPEAL!!!!!

I'm an employment attorney, and while I can't provide specific legal advice here, I can offer some general guidance: 1. For your unemployment claim: When separated after reporting harassment, ESD generally classifies this as "discharge not for misconduct" - which qualifies for benefits. If denied initially (common), appeal within 30 days and request a hearing. 2. Regarding your civil rights complaint: You can request reconsideration from the investigator's supervisor. Put your request in writing, specifically detailing any errors in fact or procedure. If that fails, you may still have the right to file a private lawsuit even if the agency declined to pursue your case. 3. Consider filing an EEOC complaint if the state agency was unresponsive. The federal process is separate. Many claimants win unemployment appeals even after initial denials, especially in retaliation cases.

i had something kinda similar happen last year and the thing that helped me most was getting everything organized before my appeal hearing. i made a timeline with all the events, reports, and my termination with dates, and referenced my evidence for each point (like "see exhibit A for email to HR on 3/5"). the judge seemed to really appreciate having everything laid out clearly because these cases can get complicated and they handle so many appeals. also practice explaining your situation clearly without getting too emotional (hard i know!!) because you want to come across professional in the hearing.

Update: I talked to the ESD claims specialist today (finally!). They said since my employer is claiming misconduct, my case is being sent to adjudication for further review. They're going to interview both me and my former employer next week. The specialist recommended I upload my documentation showing the timeline of harassment reports and the retaliation that followed. She also said that my case would be stronger if I could get statements from any former coworkers willing to confirm my version of events. Not sure if anyone will be brave enough to speak up though since they're afraid for their own jobs.